Legal Matters: Direct Marketers Take Colorado to the Supreme Court
How the Colorado tax law targeting remote sellers could impact online retailers
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In the face of such a statute, it's not surprising that a non-Colorado retailer would be concerned about the neutrality and fairness of the forum in which its federal constitutional rights are to be determined. Indeed, no matter how competent and objective a state judge may be (the DMA did, in fact, obtain a preliminary injunction from a state court judge), it's a reasonable apprehension that a nonresident business will be disadvantaged and on the wrong side of some "home cooking" because of its foreign status in a state court. How those individuals and corporations whose fate and affairs will be decided in a court of law view our system of justice is critical to the integrity of America's legal system.
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George S. Isaacson
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